Turner v. Colon

Filing 31

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/22/2012, DENYING plaintiff's 28 motion for the appointment of counsel. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEO B. TURNER,
Plaintiff,

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vs.

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No. 2:11-cv-2343 GGH P

R. COLON, et al.,
Defendants.

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ORDER
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Plaintiff is a prison inmate proceeding pro se and in forma pauperis with a civil

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rights action. On August 9, 2012, plaintiff filed his fourth request for the appointment of

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counsel. It has been explained to plaintiff previously that the United States Supreme Court has

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ruled that district courts lack authority to require counsel to represent indigent prisoners in

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§ 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not

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find the required exceptional circumstances in that plaintiff’s claim of an Eighth Amendment

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violation is relatively straightforward.

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Plaintiff asks that counsel from a specific San Francisco law firm, Rosen Bien

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Galvan, LLP (a well known plaintiff’s civil rights firm), be appointed to represent him. The

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court finds the circumstances of this case do not presently warrant appointment of counsel, but

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plaintiff may contact these counsel and have counsel substitute in on his behalf if they are willing

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to do so.
Accordingly, IT IS ORDERED that plaintiff’s August 9, 2012 (docket # 28),

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motion for appointment of counsel is denied.

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DATED: August 22, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009/kly

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turn2343.31thr

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